Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Quote:

Originally Posted by pinkpatel1984

Hi

I am an Indian citizen who just came back to India in July 2012 after 5 years.
During my stay in the UK i fell in love with an Indian girl who was on a discretionary leave for last 8-9 years and she has applied for an indefinite leave in September 2012 to stay in the UK.
She prior was married to a British citizen but their relationship ended and she was given a discretionary leave to remain in the UK which has been extended twice since 2004.
We were together for more than 3 years in the UK and we used to live together as well for past 1 year.
Now my question is when she gets her indefinite leave is it possible for her to come to India immediately and get married to me and based on that can i come and stay with her in the UK.
She earns more than £20000 a year and has more than £7000 saving.
Would there be a possibility where UKBA might refuse our application even after submitting all the proper documents.
I am very concerned as i really love her and its been hard on both of us.
We have all the documents that prove that it is a genuine case.
Would you suggest anything else that might help us make our case a bit stronger.
Please it would be great if you can help us in this matter.

Regards

Darshan

You have posted the same question on an immigration site may be best to keep to that site and await answers

Re: British citizen living abroad? Non-EEA spouse? This may affect you!

About the Surinder Singh route, if I'm going to Dublin (for example) to exercise my treaty rights there and take my non-EEA spouse and my 3 kids with me, how do I go about applying for the visas for us to go?

I mean, I presume I cannot just turn up in Dublin as a visitor and then start working. My kids and I have British Passports and my wife will have a Mexican passport.

Is there really NO COST for the non-EEA spouse's visa/residence permission in the EU???

From what I've already read, I'm thinking this is going to be the easiest and cheapest route back to the UK. I'm just looking for some clarification!

Also, can anyone please confirm if there is a minimum time to be spent in the EU country before you can move from there to the UK?

Re: British citizen living abroad? Non-EEA spouse? This may affect you!

As a British Citizen currently living in Australia with an Australian wife we have applied for a spousal visa for her to enter the UK with me for an extended period of time, what a complicated matter it is.

We filled in the online visa application, completed the Bio-metric requirements but we cannot find the necessary appendix to attach to the application. We speak English, intend to meet the fin.requirements with cash savings only and will not require any assistance from public funding.

Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Dear englishguygoinghome,

Thank you for the reply. I thought it was the correct appendix as well but it does not cover a British Citizen not settled in the UK travelling back with his wife at the same time. I have copied the appendix 2 criteria below and unfortunately we do not meet the rules outlined.

YOU SHOULD COMPLETE THIS FORM IF YOU WISH TO COME TO THE UK AS:
The spouse or civil partner of someone settled in the UK; or
• The child of a parent who is applying for entry clearance as a partner or the child who is applying to join their parent who is already in
the UK and has been granted limited leave as partner granted under the Immigration Rules in force on 09 July 2012; or
• The child of a widow of a former Gurkha soldier who died in active service after 1997; or
• The child of a widow of a former Gurkha soldier who was discharged before 1997; or
• The adult dependant relative of the widow of a former Gurkha soldier who is present and settled in the UK; or
• The adult dependant relative of a former Gurkha soldier who is present and settled in the UK; or
• The fiancé(e) or proposed civil partner of someone settled in the UK; or
• The unmarried or same sex partner of someone settled in the UK; or
• The Post Flight family member (spouse or civil partner, unmarried or same-sex partner, fiancé(e) or proposed civil partner) of someone
with limited leave to enter or remain in the UK as refugee or is the beneficiary of humanitarian protection; or
• The Post Flight family member (spouse or civil partner, unmarried or same-sex partner, fiancé(e) or proposed civil partner or child) of
someone with limited leave to enter or remain in the UK as a refugee or is the beneficiary of humanitarian protection.
IF YOU ARE NOT COMING TO THE UK UNDER ONE OF THESE CATEGORIES, YOU ARE COMPLETING THE WRONG APPENDIX.

Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Quote:

Originally Posted by Concierge

Dear englishguygoinghome,

Thank you for the reply. I thought it was the correct appendix as well but it does not cover a British Citizen not settled in the UK travelling back with his wife at the same time. I have copied the appendix 2 criteria below and unfortunately we do not meet the rules outlined.

YOU SHOULD COMPLETE THIS FORM IF YOU WISH TO COME TO THE UK AS:
The spouse or civil partner of someone settled in the UK; or
• The child of a parent who is applying for entry clearance as a partner or the child who is applying to join their parent who is already in
the UK and has been granted limited leave as partner granted under the Immigration Rules in force on 09 July 2012; or
• The child of a widow of a former Gurkha soldier who died in active service after 1997; or
• The child of a widow of a former Gurkha soldier who was discharged before 1997; or
• The adult dependant relative of the widow of a former Gurkha soldier who is present and settled in the UK; or
• The adult dependant relative of a former Gurkha soldier who is present and settled in the UK; or
• The fiancé(e) or proposed civil partner of someone settled in the UK; or
• The unmarried or same sex partner of someone settled in the UK; or
• The Post Flight family member (spouse or civil partner, unmarried or same-sex partner, fiancé(e) or proposed civil partner) of someone
with limited leave to enter or remain in the UK as refugee or is the beneficiary of humanitarian protection; or
• The Post Flight family member (spouse or civil partner, unmarried or same-sex partner, fiancé(e) or proposed civil partner or child) of
someone with limited leave to enter or remain in the UK as a refugee or is the beneficiary of humanitarian protection.
IF YOU ARE NOT COMING TO THE UK UNDER ONE OF THESE CATEGORIES, YOU ARE COMPLETING THE WRONG APPENDIX.

Quote:

Originally Posted by englishguygoinghome

Ah now I understand...

As a BC returning you are treated under that category. There are even specific questions in the appendix for that case. There was the same confusion on the old forms for the old rules.

Yes, this confusion has come up time after time. I wish UKBA would edit the directions on this particular page. That first line should read: spouse or civil partner of someone settled (or with the full right to settle) in the UK.

Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Quote:

Originally Posted by Andrew79

If I want to go to Dublin en-route to the UK (Surinder Singh route), how do I apply to go there to live/work?

I'm no expert, but my understanding is that as the UK/EU citizen you are allowed to simply move to Republic Of Ireland any time you want and start working. And the same is true of your UK/EU children. They can simply move there with no permits or docs needed beyond their UK passports.

For the Singh route to family reunification in the UK, you as the EU citizen living with your non-EEA wife must exercise your EU Treaty rights by working in that EU country for a certain period of time (some say 3 months, some say 6 for minimum) and keep proof of your working to show the UK authorities later. There is no minimum requirement for salary but you must show proof of work.

Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Quote:

Originally Posted by Andrew79

Thank you so much, WEBlue, that is a great help. Actually the Irish government site explains everything so simply and clearly. If only the UK one could be so simple!

Just one other question: On our arrival to our final destination (UK) through this route, am I right to say that the UK Residence Card for my wife would also be at no cost?

Yes, all the EEA/EU residence permits & cards are free. I think it's the EEA/EU Family Permit that your wife may need before you both move to the UK (after living & working in ROI for the certain period of time). (The FP may not be strictly necessary, but people say having it makes everything much easier for entry clearance at the UK border.) I believe that FP is good for 6 months only, however, then she would apply for the EEA/EU Residence Card, which should take her through the rest of the 5 years of UK residency period until she can obtain ILR (permanent residence).

Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Quote:

Originally Posted by Andrew79

Thank you so much, WEBlue, that is a great help. Actually the Irish government site explains everything so simply and clearly. If only the UK one could be so simple!

I was having a look at this just out of interest the other day and couldn't find anything about getting entry clearance as the non-EEA spouse of an EEA-Citizen on the Irish site. I found plenty on how to get the residence permit once you are in the country though.

Can you share what you found?

Also as a warning: I saw a story on another forum by someone who claimed the Irish had denied his wife entry clearance as they believed he was only moving to Dublin in order to enter the UK. Oddly the EU court rulings expressly allow you to take up residence in one state to then move onto another and the UKBA have had to add to their own guidance that the reason for executing treaty rights is irrelevant to an application.

Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Thanks again for the links. I was reading the Wiki page about the Immigration (EEA) Regulations 2006. I'm not sure if it is talking about the length of time the UK government take to issue the RC or if this applies to all EEA countries.

Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Quote:

Originally Posted by englishguygoinghome

I was having a look at this just out of interest the other day and couldn't find anything about getting entry clearance as the non-EEA spouse of an EEA-Citizen on the Irish site. I found plenty on how to get the residence permit once you are in the country though.

Can you share what you found?

Also as a warning: I saw a story on another forum by someone who claimed the Irish had denied his wife entry clearance as they believed he was only moving to Dublin in order to enter the UK. Oddly the EU court rulings expressly allow you to take up residence in one state to then move onto another and the UKBA have had to add to their own guidance that the reason for executing treaty rights is irrelevant to an application.